All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
11 Prosecutions
in April 2014
132 Prosecutions
in Fiscal Year 2014
7 Convictions
in April 2014
84 Convictions
in Fiscal Year 2014

CITE

    18 USC Sec. 1030                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 47 - FRAUD AND FALSE STATEMENTS

HEAD

    Sec. 1030. Fraud and related activity in connection with computers

STATUTE

      (a) Whoever -
        (1) having knowingly accessed a computer without authorization
      or exceeding authorized access, and by means of such conduct
      having obtained information that has been determined by the
      United States Government pursuant to an Executive order or
      statute to require protection against unauthorized disclosure for
      reasons of national defense or foreign relations, or any
      restricted data, as defined in paragraph y. of section 11 of the
      Atomic Energy Act of 1954, with reason to believe that such
      information so obtained could be used to the injury of the United
      States, or to the advantage of any foreign nation willfully
      communicates, delivers, transmits, or causes to be communicated,
      delivered, or transmitted, or attempts to communicate, deliver,
      transmit or cause to be communicated, delivered, or transmitted
      the same to any person not entitled to receive it, or willfully
      retains the same and fails to deliver it to the officer or
      employee of the United States entitled to receive it;
        (2) intentionally accesses a computer without authorization or
      exceeds authorized access, and thereby obtains -
          (A) information contained in a financial record of a
        financial institution, or of a card issuer as defined in
        section 1602(n) of title 15, or contained in a file of a
        consumer reporting agency on a consumer, as such terms are
        defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et
        seq.);
          (B) information from any department or agency of the United
        States; or
          (C) information from any protected computer;
        (3) intentionally, without authorization to access any
      nonpublic computer of a department or agency of the United
      States, accesses such a computer of that department or agency
      that is exclusively for the use of the Government of the United
      States or, in the case of a computer not exclusively for such
      use, is used by or for the Government of the United States and
      such conduct affects that use by or for the Government of the
      United States;
        (4) knowingly and with intent to defraud, accesses a protected
      computer without authorization, or exceeds authorized access, and
      by means of such conduct furthers the intended fraud and obtains
      anything of value, unless the object of the fraud and the thing
      obtained consists only of the use of the computer and the value
      of such use is not more than $5,000 in any 1-year period;
        (5)(A) knowingly causes the transmission of a program,
      information, code, or command, and as a result of such conduct,
      intentionally causes damage without authorization, to a protected
      computer;
        (B) intentionally accesses a protected computer without
      authorization, and as a result of such conduct, recklessly causes
      damage; or
        (C) intentionally accesses a protected computer without
      authorization, and as a result of such conduct, causes damage and
      loss.(!1)
        (6) knowingly and with intent to defraud traffics (as defined
      in section 1029) in any password or similar information through
      which a computer may be accessed without authorization, if -
          (A) such trafficking affects interstate or foreign commerce;
        or
          (B) such computer is used by or for the Government of the
        United States; (!2)
        (7) with intent to extort from any person any money or other
      thing of value, transmits in interstate or foreign commerce any
      communication containing any -
          (A) threat to cause damage to a protected computer;
          (B) threat to obtain information from a protected computer
        without authorization or in excess of authorization or to
        impair the confidentiality of information obtained from a
        protected computer without authorization or by exceeding
        authorized access; or
          (C) demand or request for money or other thing of value in
        relation to damage to a protected computer, where such damage
        was caused to facilitate the extortion;
    shall be punished as provided in subsection (c) of this section.
      (b) Whoever conspires to commit or attempts to commit an offense
    under subsection (a) of this section shall be punished as provided
    in subsection (c) of this section.
      (c) The punishment for an offense under subsection (a) or (b) of
    this section is -
        (1)(A) a fine under this title or imprisonment for not more
      than ten years, or both, in the case of an offense under
      subsection (a)(1) of this section which does not occur after a
      conviction for another offense under this section, or an attempt
      to commit an offense punishable under this subparagraph; and
        (B) a fine under this title or imprisonment for not more than
      twenty years, or both, in the case of an offense under subsection
      (a)(1) of this section which occurs after a conviction for
      another offense under this section, or an attempt to commit an
      offense punishable under this subparagraph;
        (2)(A) except as provided in subparagraph (B), a fine under
      this title or imprisonment for not more than one year, or both,
      in the case of an offense under subsection (a)(2), (a)(3), or
      (a)(6) of this section which does not occur after a conviction
      for another offense under this section, or an attempt to commit
      an offense punishable under this subparagraph;
        (B) a fine under this title or imprisonment for not more than 5
      years, or both, in the case of an offense under subsection
      (a)(2), or an attempt to commit an offense punishable under this
      subparagraph, if -
          (i) the offense was committed for purposes of commercial
        advantage or private financial gain;
          (ii) the offense was committed in furtherance of any criminal
        or tortious act in violation of the Constitution or laws of the
        United States or of any State; or
          (iii) the value of the information obtained exceeds $5,000;
        and
        (C) a fine under this title or imprisonment for not more than
      ten years, or both, in the case of an offense under subsection
      (a)(2), (a)(3) or (a)(6) of this section which occurs after a
      conviction for another offense under this section, or an attempt
      to commit an offense punishable under this subparagraph;
        (3)(A) a fine under this title or imprisonment for not more
      than five years, or both, in the case of an offense under
      subsection (a)(4) or (a)(7) of this section which does not occur
      after a conviction for another offense under this section, or an
      attempt to commit an offense punishable under this subparagraph;
      and
        (B) a fine under this title or imprisonment for not more than
      ten years, or both, in the case of an offense under subsection
      (a)(4),(!3) or (a)(7) of this section which occurs after a
      conviction for another offense under this section, or an attempt
      to commit an offense punishable under this subparagraph;
        (4)(A) except as provided in subparagraphs (E) and (F), a fine
      under this title, imprisonment for not more than 5 years, or
      both, in the case of -
          (i) an offense under subsection (a)(5)(B), which does not
        occur after a conviction for another offense under this
        section, if the offense caused (or, in the case of an attempted
        offense, would, if completed, have caused) -
            (I) loss to 1 or more persons during any 1-year period
          (and, for purposes of an investigation, prosecution, or other
          proceeding brought by the United States only, loss resulting
          from a related course of conduct affecting 1 or more other
          protected computers) aggregating at least $5,000 in value;
            (II) the modification or impairment, or potential
          modification or impairment, of the medical examination,
          diagnosis, treatment, or care of 1 or more individuals;
            (III) physical injury to any person;
            (IV) a threat to public health or safety;
            (V) damage affecting a computer used by or for an entity of
          the United States Government in furtherance of the
          administration of justice, national defense, or national
          security; or
            (VI) damage affecting 10 or more protected computers during
          any 1-year period; or
          (ii) an attempt to commit an offense punishable under this
        subparagraph;
        (B) except as provided in subparagraphs (E) and (F), a fine
      under this title, imprisonment for not more than 10 years, or
      both, in the case of -
          (i) an offense under subsection (a)(5)(A), which does not
        occur after a conviction for another offense under this
        section, if the offense caused (or, in the case of an attempted
        offense, would, if completed, have caused) a harm provided in
        subclauses (I) through (VI) of subparagraph (A)(i); or
          (ii) an attempt to commit an offense punishable under this
        subparagraph;
        (C) except as provided in subparagraphs (E) and (F), a fine
      under this title, imprisonment for not more than 20 years, or
      both, in the case of -
          (i) an offense or an attempt to commit an offense under
        subparagraphs (A) or (B) of subsection (a)(5) that occurs after
        a conviction for another offense under this section; or
          (ii) an attempt to commit an offense punishable under this
        subparagraph;
        (D) a fine under this title, imprisonment for not more than 10
      years, or both, in the case of -
          (i) an offense or an attempt to commit an offense under
        subsection (a)(5)(C) that occurs after a conviction for another
        offense under this section; or
          (ii) an attempt to commit an offense punishable under this
        subparagraph;
        (E) if the offender attempts to cause or knowingly or
      recklessly causes serious bodily injury from conduct in violation
      of subsection (a)(5)(A), a fine under this title, imprisonment
      for not more than 20 years, or both;
        (F) if the offender attempts to cause or knowingly or
      recklessly causes death from conduct in violation of subsection
      (a)(5)(A), a fine under this title, imprisonment for any term of
      years or for life, or both; or
        (G) a fine under this title, imprisonment for not more than 1
      year, or both, for -
          (i) any other offense under subsection (a)(5); or
          (ii) an attempt to commit an offense punishable under this
        subparagraph.
      (d)(1) The United States Secret Service shall, in addition to any
    other agency having such authority, have the authority to
    investigate offenses under this section.
      (2) The Federal Bureau of Investigation shall have primary
    authority to investigate offenses under subsection (a)(1) for any
    cases involving espionage, foreign counterintelligence, information
    protected against unauthorized disclosure for reasons of national
    defense or foreign relations, or Restricted Data (as that term is
    defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C.
    2014(y)), except for offenses affecting the duties of the United
    States Secret Service pursuant to section 3056(a) of this title.
      (3) Such authority shall be exercised in accordance with an
    agreement which shall be entered into by the Secretary of the
    Treasury and the Attorney General.
      (e) As used in this section -
        (1) the term "computer" means an electronic, magnetic, optical,
      electrochemical, or other high speed data processing device
      performing logical, arithmetic, or storage functions, and
      includes any data storage facility or communications facility
      directly related to or operating in conjunction with such device,
      but such term does not include an automated typewriter or
      typesetter, a portable hand held calculator, or other similar
      device;
        (2) the term "protected computer" means a computer -
          (A) exclusively for the use of a financial institution or the
        United States Government, or, in the case of a computer not
        exclusively for such use, used by or for a financial
        institution or the United States Government and the conduct
        constituting the offense affects that use by or for the
        financial institution or the Government; or
          (B) which is used in or affecting interstate or foreign
        commerce or communication, including a computer located outside
        the United States that is used in a manner that affects
        interstate or foreign commerce or communication of the United
        States;
        (3) the term "State" includes the District of Columbia, the
      Commonwealth of Puerto Rico, and any other commonwealth,
      possession or territory of the United States;
        (4) the term "financial institution" means -
          (A) an institution, with deposits insured by the Federal
        Deposit Insurance Corporation;
          (B) the Federal Reserve or a member of the Federal Reserve
        including any Federal Reserve Bank;
          (C) a credit union with accounts insured by the National
        Credit Union Administration;
          (D) a member of the Federal home loan bank system and any
        home loan bank;
          (E) any institution of the Farm Credit System under the Farm
        Credit Act of 1971;
          (F) a broker-dealer registered with the Securities and
        Exchange Commission pursuant to section 15 of the Securities
        Exchange Act of 1934;
          (G) the Securities Investor Protection Corporation;
          (H) a branch or agency of a foreign bank (as such terms are
        defined in paragraphs (1) and (3) of section 1(b) of the
        International Banking Act of 1978); and
          (I) an organization operating under section 25 or section
        25(a) (!4) of the Federal Reserve Act;
        (5) the term "financial record" means information derived from
      any record held by a financial institution pertaining to a
      customer's relationship with the financial institution;
        (6) the term "exceeds authorized access" means to access a
      computer with authorization and to use such access to obtain or
      alter information in the computer that the accesser is not
      entitled so to obtain or alter;
        (7) the term "department of the United States" means the
      legislative or judicial branch of the Government or one of the
      executive departments enumerated in section 101 of title 5;
        (8) the term "damage" means any impairment to the integrity or
      availability of data, a program, a system, or information;
        (9) the term "government entity" includes the Government of the
      United States, any State or political subdivision of the United
      States, any foreign country, and any state, province,
      municipality, or other political subdivision of a foreign
      country;
        (10) the term "conviction" shall include a conviction under the
      law of any State for a crime punishable by imprisonment for more
      than 1 year, an element of which is unauthorized access, or
      exceeding authorized access, to a computer;
        (11) the term "loss" means any reasonable cost to any victim,
      including the cost of responding to an offense, conducting a
      damage assessment, and restoring the data, program, system, or
      information to its condition prior to the offense, and any
      revenue lost, cost incurred, or other consequential damages
      incurred because of interruption of service; and
        (12) the term "person" means any individual, firm, corporation,
      educational institution, financial institution, governmental
      entity, or legal or other entity.
      (f) This section does not prohibit any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency of the United States, a State, or a political
    subdivision of a State, or of an intelligence agency of the United
    States.
      (g) Any person who suffers damage or loss by reason of a
    violation of this section may maintain a civil action against the
    violator to obtain compensatory damages and injunctive relief or
    other equitable relief. A civil action for a violation of this
    section may be brought only if the conduct involves 1 of the
    factors set forth in subclauses (!5) (I), (II), (III), (IV), or (V)
    of subsection (c)(4)(A)(i). Damages for a violation involving only
    conduct described in subsection (c)(4)(A)(i)(I) are limited to
    economic damages. No action may be brought under this subsection
    unless such action is begun within 2 years of the date of the act
    complained of or the date of the discovery of the damage. No action
    may be brought under this subsection for the negligent design or
    manufacture of computer hardware, computer software, or firmware.
      (h) The Attorney General and the Secretary of the Treasury shall
    report to the Congress annually, during the first 3 years following
    the date of the enactment of this subsection, concerning
    investigations and prosecutions under subsection (a)(5).
      (i)(1) The court, in imposing sentence on any person convicted of
    a violation of this section, or convicted of conspiracy to violate
    this section, shall order, in addition to any other sentence
    imposed and irrespective of any provision of State law, that such
    person forfeit to the United States -
        (A) such person's interest in any personal property that was
      used or intended to be used to commit or to facilitate the
      commission of such violation; and
        (B) any property, real or personal, constituting or derived
      from, any proceeds that such person obtained, directly or
      indirectly, as a result of such violation.
      (2) The criminal forfeiture of property under this subsection,
    any seizure and disposition thereof, and any judicial proceeding in
    relation thereto, shall be governed by the provisions of section
    413 of the Comprehensive Drug Abuse Prevention and Control Act of
    1970 (21 U.S.C. 853), except subsection (d) of that section.
      (j) For purposes of subsection (i), the following shall be
    subject to forfeiture to the United States and no property right
    shall exist in them:
        (1) Any personal property used or intended to be used to commit
      or to facilitate the commission of any violation of this section,
      or a conspiracy to violate this section.
        (2) Any property, real or personal, which constitutes or is
      derived from proceeds traceable to any violation of this section,
      or a conspiracy to violate this section (!6)

SOURCE

    (Added Pub. L. 98-473, title II, Sec. 2102(a), Oct. 12, 1984, 98
    Stat. 2190; amended Pub. L. 99-474, Sec. 2, Oct. 16, 1986, 100
    Stat. 1213; Pub. L. 100-690, title VII, Sec. 7065, Nov. 18, 1988,
    102 Stat. 4404; Pub. L. 101-73, title IX, Sec. 962(a)(5), Aug. 9,
    1989, 103 Stat. 502; Pub. L. 101-647, title XII, Sec. 1205(e),
    title XXV, Sec. 2597(j), title XXXV, Sec. 3533, Nov. 29, 1990, 104
    Stat. 4831, 4910, 4925; Pub. L. 103-322, title XXIX, Sec. 290001(b)-
    (f), Sept. 13, 1994, 108 Stat. 2097-2099; Pub. L. 104-294, title
    II, Sec. 201, title VI, Sec. 604(b)(36), Oct. 11, 1996, 110 Stat.
    3491, 3508; Pub. L. 107-56, title V, Sec. 506(a), title VIII, Sec.
    814(a)-(e), Oct. 26, 2001, 115 Stat. 366, 382-384; Pub. L. 107-273,
    div. B, title IV, Secs. 4002(b)(1), (12), 4005(a)(3), (d)(3), Nov.
    2, 2002, 116 Stat. 1807, 1808, 1812, 1813; Pub. L. 107-296, title
    II, Sec. 225(g), Nov. 25, 2002, 116 Stat. 2158; Pub. L. 110-326,
    title II, Secs. 203, 204(a), 205-208, Sept. 26, 2008, 122 Stat.
    3561, 3563.)

REFERENCES IN TEXT

      Section 11 of the Atomic Energy Act of 1954, referred to in
    subsec. (a)(1), is classified to section 2014 of Title 42, The
    Public Health and Welfare.
      The Fair Credit Reporting Act, referred to in subsec. (a)(2)(A),
    is title VI of Pub. L. 90-321, as added by Pub. L. 91-508, title
    VI, Sec. 601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is
    classified generally to subchapter III (Sec. 1681 et seq.) of
    chapter 41 of Title 15, Commerce and Trade. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1601 of Title 15 and Tables.
      The Farm Credit Act of 1971, referred to in subsec. (e)(4)(E), is
    Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended, which is
    classified generally to chapter 23 (Sec. 2001 et seq.) of Title 12,
    Banks and Banking. For complete classification of this Act to the
    Code, see Short Title note set out under section 2001 of Title 12
    and Tables.
      Section 15 of the Securities Exchange Act of 1934, referred to in
    subsec. (e)(4)(F), is classified to section 78o of Title 15,
    Commerce and Trade.
      Section 1(b) of the International Banking Act of 1978, referred
    to in subsec. (e)(4)(H), is classified to section 3101 of Title 12,
    Banks and Banking.
      Section 25 of the Federal Reserve Act, referred to in subsec.
    (e)(4)(I), is classified to subchapter I (Sec. 601 et seq.) of
    chapter 6 of Title 12. Section 25(a) of the Federal Reserve Act,
    which is classified to subchapter II (Sec. 611 et seq.) of chapter
    6 of Title 12, was renumbered section 25A of that act by Pub. L.
    102-242, title I, Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.
      The date of the enactment of this subsection, referred to in
    subsec. (h), is the date of enactment of Pub. L. 103-322, which was
    approved Sept. 13, 1994.

AMENDMENTS

      2008 - Subsec. (a)(2)(C). Pub. L. 110-326, Sec. 203, struck out
    "if the conduct involved an interstate or foreign communication"
    after "computer".
      Subsec. (a)(5). Pub. L. 110-326, Sec. 204(a)(1), redesignated
    cls. (i) to (iii) of subpar. (A) as subpars. (A) to (C),
    respectively, substituted "damage and loss." for "damage; and" in
    subpar. (C), and struck out former subpar. (B) which read as
    follows:
      "(B) by conduct described in clause (i), (ii), or (iii) of
    subparagraph (A), caused (or, in the case of an attempted offense,
    would, if completed, have caused) -
        "(i) loss to 1 or more persons during any 1-year period (and,
      for purposes of an investigation, prosecution, or other
      proceeding brought by the United States only, loss resulting from
      a related course of conduct affecting 1 or more other protected
      computers) aggregating at least $5,000 in value;
        "(ii) the modification or impairment, or potential modification
      or impairment, of the medical examination, diagnosis, treatment,
      or care of 1 or more individuals;
        "(iii) physical injury to any person;
        "(iv) a threat to public health or safety; or
        "(v) damage affecting a computer system used by or for a
      government entity in furtherance of the administration of
      justice, national defense, or national security;".
      Subsec. (a)(7). Pub. L. 110-326, Sec. 205, amended par. (7)
    generally. Prior to amendment, par. (7) read as follows: "with
    intent to extort from any person any money or other thing of value,
    transmits in interstate or foreign commerce any communication
    containing any threat to cause damage to a protected computer;".
      Subsec. (b). Pub. L. 110-326, Sec. 206, inserted "conspires to
    commit or" after "Whoever".
      Subsec. (c)(2)(A). Pub. L. 110-326, Sec. 204(a)(2)(A), struck out
    "(a)(5)(A)(iii)," after "(a)(3),".
      Subsec. (c)(3)(B). Pub. L. 110-326, Sec. 204(a)(2)(B), struck out
    "(a)(5)(A)(iii)," after "(a)(4),".
      Subsec. (c)(4). Pub. L. 110-326, Sec. 204(a)(2)(C), amended par.
    (4) generally. Prior to amendment, par. (4) related to fines and
    imprisonment for intentionally or recklessly causing damage to a
    protected computer without authorization.
      Subsec. (c)(5). Pub. L. 110-326, Sec. 204(a)(2)(D), struck out
    par. (5) which related to fine or imprisonment for knowingly or
    recklessly causing or attempting to cause serious bodily injury or
    death from certain conduct damaging a protected computer.
      Subsec. (e)(2)(B). Pub. L. 110-326, Sec. 207, inserted "or
    affecting" after "which is used in".
      Subsec. (g). Pub. L. 110-326, Sec. 204(a)(3)(B), in the third
    sentence, substituted "subsection (c)(4)(A)(i)(I)" for "subsection
    (a)(5)(B)(i)".
      Pub. L. 110-326, Sec. 204(a)(3)(A), which directed substitution
    of "in subclauses (I), (II), (III), (IV), or (V) of subsection
    (c)(4)(A)(i)" for "in clauses (i), (ii), (iii), (iv), or (v) of
    subsection (a)(5)(B)" in the second sentence, was executed by
    making the substitution for "in clause (i), (ii), (iii), (iv), or
    (v) of subsection (a)(5)(B)" to reflect the probable intent of
    Congress.
      Subsecs. (i), (j). Pub. L. 110-326, Sec. 208, added subsecs. (i)
    and (j).
      2002 - Subsec. (a)(5)(B). Pub. L. 107-273, Sec. 4005(a)(3),
    realigned margins.
      Subsec. (c)(2)(B). Pub. L. 107-273, Sec. 4002(b)(1), realigned
    margins.
      Subsec. (c)(2)(B)(iii). Pub. L. 107-273, Sec. 4002(b)(12)(A),
    inserted "and" at end.
      Subsec. (c)(3)(B). Pub. L. 107-273, Sec. 4005(d)(3), inserted
    comma after "(a)(4)".
      Subsec. (c)(4)(A), (C). Pub. L. 107-296, Sec. 225(g)(2), inserted
    "except as provided in paragraph (5)," before "a fine under this
    title".
      Subsec. (c)(5). Pub. L. 107-296, Sec. 225(g)(1), (3), (4), added
    par. (5).
      Subsec. (e)(4)(I). Pub. L. 107-273, Sec. 4002(b)(12)(B),
    substituted semicolon for period at end.
      2001 - Subsec. (a)(5)(A). Pub. L. 107-56, Sec. 814(a)(1)-(3),
    designated existing provisions as cl. (i), redesignated subpars.
    (B) and (C) as cls. (ii) and (iii), respectively, of subpar. (A),
    and inserted "and" at end of cl. (iii).
      Subsec. (a)(5)(B). Pub. L. 107-56, Sec. 814(a)(4), added subpar.
    (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).
      Subsec. (a)(5)(C). Pub. L. 107-56, Sec. 814(a)(2), redesignated
    subpar. (C) as cl. (iii) of subpar. (A).
      Subsec. (a)(7). Pub. L. 107-56, Sec. 814(b), struck out ", firm,
    association, educational institution, financial institution,
    government entity, or other legal entity," before "any money or
    other thing of value".
      Subsec. (c)(2)(A). Pub. L. 107-56, Sec. 814(c)(1)(A), inserted
    "except as provided in subparagraph (B)," before "a fine",
    substituted "(a)(5)(A)(iii)" for "(a)(5)(C)", and struck out "and"
    at end.
      Subsec. (c)(2)(B). Pub. L. 107-56, Sec. 814(c)(1)(B), inserted
    "or an attempt to commit an offense punishable under this
    subparagraph," after "subsection (a)(2)," in introductory
    provisions.
      Subsec. (c)(2)(C). Pub. L. 107-56, Sec. 814(c)(1)(C), struck out
    "and" at end.
      Subsec. (c)(3). Pub. L. 107-56, Sec. 814(c)(2), struck out ",
    (a)(5)(A), (a)(5)(B)," after "subsection (a)(4)" in subpars. (A)
    and (B) and substituted "(a)(5)(A)(iii)" for "(a)(5)(C)" in subpar.
    (B).
      Subsec. (c)(4). Pub. L. 107-56, Sec. 814(c)(3), added par. (4).
      Subsec. (d). Pub. L. 107-56, Sec. 506(a), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "The
    United States Secret Service shall, in addition to any other agency
    having such authority, have the authority to investigate offenses
    under subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and
    (a)(6) of this section. Such authority of the United States Secret
    Service shall be exercised in accordance with an agreement which
    shall be entered into by the Secretary of the Treasury and the
    Attorney General."
      Subsec. (e)(2)(B). Pub. L. 107-56, Sec. 814(d)(1), inserted ",
    including a computer located outside the United States that is used
    in a manner that affects interstate or foreign commerce or
    communication of the United States" before semicolon.
      Subsec. (e)(7). Pub. L. 107-56, Sec. 814(d)(2), struck out "and"
    at end.
      Subsec. (e)(8). Pub. L. 107-56, Sec. 814(d)(3), added par. (8)
    and struck out former par. (8) which read as follows: "the term
    'damage' means any impairment to the integrity or availability of
    data, a program, a system, or information, that -
        "(A) causes loss aggregating at least $5,000 in value during
      any 1-year period to one or more individuals;
        "(B) modifies or impairs, or potentially modifies or impairs,
      the medical examination, diagnosis, treatment, or care of one or
      more individuals;
        "(C) causes physical injury to any person; or
        "(D) threatens public health or safety; and".
      Subsec. (e)(10) to (12). Pub. L. 107-56, Sec. 814(d)(4), (5),
    added pars. (10) to (12).
      Subsec. (g). Pub. L. 107-56, Sec. 814(e), substituted "A civil
    action for a violation of this section may be brought only if the
    conduct involves 1 of the factors set forth in clause (i), (ii),
    (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a
    violation involving only conduct described in subsection
    (a)(5)(B)(i) are limited to economic damages." for "Damages for
    violations involving damage as defined in subsection (e)(8)(A) are
    limited to economic damages." and inserted at end "No action may be
    brought under this subsection for the negligent design or
    manufacture of computer hardware, computer software, or firmware."
      1996 - Subsec. (a)(1). Pub. L. 104-294, Sec. 201(1)(A),
    substituted "having knowingly accessed" for "knowingly accesses",
    "exceeding authorized access" for "exceeds authorized access",
    "such conduct having obtained information" for "such conduct
    obtains information", and "could be used to the injury of the
    United States" for "is to be used to the injury of the United
    States", struck out "the intent or" before "reason to believe", and
    inserted before semicolon at end "willfully communicates, delivers,
    transmits, or causes to be communicated, delivered, or transmitted,
    or attempts to communicate, deliver, transmit or cause to be
    communicated, delivered, or transmitted the same to any person not
    entitled to receive it, or willfully retains the same and fails to
    deliver it to the officer or employee of the United States entitled
    to receive it".
      Subsec. (a)(2). Pub. L. 104-294, Sec. 201(1)(B), inserted dash
    after "thereby obtains", redesignated remainder of par. (2) as
    subpar. (A), and added subpars. (B) and (C).
      Subsec. (a)(3). Pub. L. 104-294, Sec. 201(1)(C), inserted
    "nonpublic" before "computer of a department or agency", struck out
    "adversely" after "and such conduct", and substituted "that use by
    or for the Government of the United States" for "the use of the
    Government's operation of such computer".
      Subsec. (a)(4). Pub. L. 104-294, Sec. 201(1)(D), substituted
    "protected computer" for "Federal interest computer" and inserted
    "and the value of such use is not more than $5,000 in any 1-year
    period" before semicolon at end.
      Subsec. (a)(5). Pub. L. 104-294, Sec. 201(1)(E), inserted par.
    (5) and struck out former par. (5) which related to fraud in
    connection with computers in causing transmission of program,
    information, code, or command to a computer or computer system in
    interstate or foreign commerce which damages such system, program,
    information, or code, or causes a withholding or denial of use of
    hardware or software, or transmits viruses which causes damage in
    excess of $1,000 or more during any one-year period, or modifies or
    impairs medical examination, diagnosis, treatment or care of
    individuals.
      Subsec. (a)(5)(B)(ii)(II)(bb). Pub. L. 104-294, Sec.
    604(b)(36)(A), which directed insertion of "or" at end of subsec.,
    could not be executed because no subsec. (a)(5)(B)(ii)(II)(bb)
    existed subsequent to amendment by Pub. L. 104-294, Sec. 201(1)(E).
    See above.
      Subsec. (a)(7). Pub. L. 104-294, Sec. 201(1)(F), added par. (7).
      Subsec. (c)(1). Pub. L. 104-294, Sec. 201(2)(A), substituted
    "under this section" for "under such subsection" in subpars. (A)
    and (B).
      Subsec. (c)(1)(B). Pub. L. 104-294, Sec. 604(b)(36)(B), struck
    out "and" after semicolon at end.
      Subsec. (c)(2)(A). Pub. L. 104-294, Sec. 201(2)(B)(i), inserted
    ", (a)(5)(C)," after "(a)(3)" and substituted "under this section"
    for "under such subsection".
      Subsec. (c)(2)(B). Pub. L. 104-294, Sec. 201(2)(B)(iii), added
    subpar. (B). Former subpar. (B) redesignated (C).
      Subsec. (c)(2)(C). Pub. L. 104-294, Sec. 201(2)(B)(iv),
    substituted "under this section" for "under such subsection" and
    inserted "and" at end.
      Pub. L. 104-294, Sec. 201(2)(B)(ii), redesignated subpar. (B) as
    (C).
      Subsec. (c)(3)(A). Pub. L. 104-294, Sec. 201(2)(C)(i),
    substituted "(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)" for "(a)(4)
    or (a)(5)(A)" and "under this section" for "under such subsection".
      Subsec. (c)(3)(B). Pub. L. 104-294, Sec. 201(2)(C)(ii),
    substituted "(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or (a)(7)"
    for "(a)(4) or (a)(5)" and "under this section" for "under such
    subsection".
      Subsec. (c)(4). Pub. L. 104-294, Sec. 201(2)(D), struck out par.
    (4) which read as follows: "a fine under this title or imprisonment
    for not more than 1 year, or both, in the case of an offense under
    subsection (a)(5)(B)."
      Subsec. (d). Pub. L. 104-294, Sec. 201(3), inserted "subsections
    (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of" before
    "this section" in first sentence.
      Subsec. (e)(2). Pub. L. 104-294, Sec. 201(4)(A)(i), substituted
    "protected" for "Federal interest" in introductory provisions.
      Subsec. (e)(2)(A). Pub. L. 104-294, Sec. 201(4)(A)(ii),
    substituted "that use by or for the financial institution or the
    Government" for "the use of the financial institution's operation
    or the Government's operation of such computer".
      Subsec. (e)(2)(B). Pub. L. 104-294, Sec. 201(4)(A)(iii), added
    subpar. (B) and struck out former subpar. (B) which read as
    follows: "which is one of two or more computers used in committing
    the offense, not all of which are located in the same State;".
      Subsec. (e)(8), (9). Pub. L. 104-294, Sec. 201(4)(B)-(D), added
    pars. (8) and (9).
      Subsec. (g). Pub. L. 104-294, Sec. 604(b)(36)(C), substituted
    "violation of this section" for "violation of the section".
      Pub. L. 104-294, Sec. 201(5), struck out ", other than a
    violation of subsection (a)(5)(B)," before "may maintain a civil
    action" and substituted "involving damage as defined in subsection
    (e)(8)(A)" for "of any subsection other than subsection
    (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)".
      Subsec. (h). Pub. L. 104-294, Sec. 604(b)(36)(D), substituted
    "subsection (a)(5)" for "section 1030(a)(5) of title 18, United
    States Code" before period at end.
      1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 290001(f), inserted
    "adversely" before "affects the use of the Government's".
      Subsec. (a)(5). Pub. L. 103-322, Sec. 290001(b), amended par. (5)
    generally. Prior to amendment, par. (5) read as follows:
    "intentionally accesses a Federal interest computer without
    authorization, and by means of one or more instances of such
    conduct alters, damages, or destroys information in any such
    Federal interest computer, or prevents authorized use of any such
    computer or information, and thereby -
        "(A) causes loss to one or more others of a value aggregating
      $1,000 or more during any one year period; or
        "(B) modifies or impairs, or potentially modifies or impairs,
      the medical examination, medical diagnosis, medical treatment, or
      medical care of one or more individuals; or".
      Subsec. (c)(3)(A). Pub. L. 103-322, Sec. 290001(c)(2), inserted
    "(A)" after "(a)(5)".
      Subsec. (c)(4). Pub. L. 103-322, Sec. 290001(c)(1), (3), (4),
    added par. (4).
      Subsec. (g). Pub. L. 103-322, Sec. 290001(d), added subsec. (g).
      Subsec. (h). Pub. L. 103-322, Sec. 290001(e), added subsec. (h).
      1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 3533, substituted
    "paragraph y" for "paragraph r".
      Subsec. (e)(3). Pub. L. 101-647, Sec. 1205(e), inserted
    "commonwealth," before "possession or territory of the United
    States".
      Subsec. (e)(4)(G). Pub. L. 101-647, Sec. 2597(j)(2), which
    directed substitution of a semicolon for a period at end of subpar.
    (G), could not be executed because it ended with a semicolon.
      Subsec. (e)(4)(H), (I). Pub. L. 101-647, Sec. 2597(j), added
    subpars. (H) and (I).
      1989 - Subsec. (e)(4)(A). Pub. L. 101-73, Sec. 962(a)(5)(A),
    substituted "an institution," for "a bank".
      Subsec. (e)(4)(C) to (H). Pub. L. 101-73, Sec. 962(a)(5)(B), (C),
    redesignated subpars. (D) to (H) as (C) to (G), respectively, and
    struck out former subpar. (C) which read as follows: "an
    institution with accounts insured by the Federal Savings and Loan
    Insurance Corporation;".
      1988 - Subsec. (a)(2). Pub. L. 100-690 inserted a comma after
    "financial institution" and struck out the comma that followed a
    comma after "title 15".
      1986 - Subsec. (a). Pub. L. 99-474, Sec. 2(b)(2), struck out last
    sentence which read as follows: "It is not an offense under
    paragraph (2) or (3) of this subsection in the case of a person
    having accessed a computer with authorization and using the
    opportunity such access provides for purposes to which such access
    does not extend, if the using of such opportunity consists only of
    the use of the computer."
      Subsec. (a)(1). Pub. L. 99-474, Sec. 2(c), substituted "or
    exceeds authorized access" for ", or having accessed a computer
    with authorization, uses the opportunity such access provides for
    purposes to which such authorization does not extend".
      Subsec. (a)(2). Pub. L. 99-474, Sec. 2(a), (c), substituted
    "intentionally" for "knowingly", substituted "or exceeds authorized
    access" for ", or having accessed a computer with authorization,
    uses the opportunity such access provides for purposes to which
    such authorization does not extend", struck out "as such terms are
    defined in the Right to Financial Privacy Act of 1978 (12 U.S.C.
    3401 et seq.)," after "financial institution,", inserted "or of a
    card issuer as defined in section 1602(n) of title 15," and struck
    out "or" appearing at end.
      Subsec. (a)(3). Pub. L. 99-474, Sec. 2(b)(1), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "knowingly
    accesses a computer without authorization, or having accessed a
    computer with authorization, uses the opportunity such access
    provides for purposes to which such authorization does not extend,
    and by means of such conduct knowingly uses, modifies, destroys, or
    discloses information in, or prevents authorized use of, such
    computer, if such computer is operated for or on behalf of the
    Government of the United States and such conduct affects such
    operation;".
      Subsec. (a)(4) to (6). Pub. L. 99-474, Sec. 2(d), added pars. (4)
    to (6).
      Subsec. (b). Pub. L. 99-474, Sec. 2(e), struck out par. (1)
    designation and par. (2) which provided a penalty for persons
    conspiring to commit an offense under subsec. (a).
      Subsec. (c). Pub. L. 99-474, Sec. 2(f)(9), substituted "(b)" for
    "(b)(1)" in introductory text.
      Subsec. (c)(1)(A). Pub. L. 99-474, Sec. 2(f)(1), substituted
    "under this title" for "of not more than the greater of $10,000 or
    twice the value obtained by the offense".
      Subsec. (c)(1)(B). Pub. L. 99-474, Sec. 2(f)(2), substituted
    "under this title" for "of not more than the greater of $100,000 or
    twice the value obtained by the offense".
      Subsec. (c)(2)(A). Pub. L. 99-474, Sec. 2(f)(3), (4), substituted
    "under this title" for "of not more than the greater of $5,000 or
    twice the value obtained or loss created by the offense" and
    inserted reference to subsec. (a)(6).
      Subsec. (c)(2)(B). Pub. L. 99-474, Sec. 2(f)(3), (5)-(7),
    substituted "under this title" for "of not more than the greater of
    $10,000 or twice the value obtained or loss created by the
    offense", "not more than" for "not than", inserted reference to
    subsec. (a)(6), and substituted "; and" for the period at end of
    subpar. (B).
      Subsec. (c)(3). Pub. L. 99-474, Sec. 2(f)(8), added par. (3).
      Subsec. (e). Pub. L. 99-474, Sec. 2(g), substituted a dash for
    the comma after "As used in this section", realigned remaining
    portion of subsection, inserted "(1)" before "the term",
    substituted a semicolon for the period at the end, and added pars.
    (2) to (7).
      Subsec. (f). Pub. L. 99-474, Sec. 2(h), added subsec. (f).
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

TRANSFER OF FUNCTIONS

      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

REPORTS TO CONGRESS

      Section 2103 of Pub. L. 98-473 directed Attorney General to
    report to Congress annually, during first three years following
    Oct. 12, 1984, concerning prosecutions under this section.

FOOTNOTE

    (!1) So in original. The period probably should be a semicolon.
    (!2) So in original. Probably should be followed by "or".
    (!3) So in original. The comma probably should not appear.
    (!4) See References in Text note below.
    (!5) So in original. Probably should be "subclause".
    (!6) So in original. Probably should be followed by a period.
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